# 95
III-1.2000 July 27, 1993
PL 479,505
XXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXX
McMinnville, Oregon 97128
Dear Mr. XXXXXXXX:
This is in response to your inquiries regarding the
Americans with Disabilities Act of 1990 (ADA). You have asked
whether a small historical museum operated by a non-profit
private society that does not charge for admission is covered by
title III of the ADA. Specifically, you inquire whether such a
facility would be considered to "affect commerce" within the
meaning of title III.
The A.D.A. authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the A.D.A.'s
requirements. However, it does not constitute a legal
interpretation or legal advice, and it is not binding on the
Department.
Title III of the A.D.A. covers entities that own or operate
places of public accommodation whose operations affect commerce.
Places of public exhibition, such as museums, are among the types
of places of public accommodation listed in the statute.
The term "affect commerce" is one frequently used in Federal
statutes enacted pursuant to Congress' power to regulate
commerce. The fact that a private museum operates with a
volunteer staff and does not charge admission is not necessarily
determinative of whether a facility operates in interstate
commerce. Some other factors to examine would be whether the
museum is open to out-of-state visitors; whether exhibits
originated or were prepared out-of-state; whether the museum has
a gift or souvenir shop that sells items that have moved in
interstate commerce; and whether museums of its kind, in the
aggregate, would affect interstate commerce. This Department
does not undertake investigations to determine whether particular
facilities are covered except in the course of a complaint
investigation.
Your letter notes that the museum has no plans for
alterations or new construction. If covered under title III,
the museum then needs only to remove barriers to accessibility
that are readily achievable to remove. According to the
Department of Justice's title III regulation, a copy of which we
previously provided to you, readily achievable means "easily
accomplishable and able to be carried out without much difficulty
or expense." Installing ramps, widening doors, and rearranging
tables or display cases that obstruct an accessible route through
the museum are examples of barriers that may be readily
achievable for a small museum to remove. The cost of such
actions and the resources of the covered entity are factors in
deciding what is readily achievable. Any future alterations or
new construction must meet the ADA standards for accessible
design.
Title III of the ADA also requires covered entities to make
reasonable modifications in its policies, practices, or
procedures necessary to ensure that persons with disabilities may
enjoy the same advantages of the museum as do others, so long as
such modifications would not fundamentally alter the nature of
the museum's services. For example, in order to serve blind
patrons, a museum may need to modify policies to allow guide dogs
in the museum. In addition to this requirement for modification
of policies, title III requires the elimination of any
eligibility criteria for admission and participation based upon
disability, unless the criteria are necessary to the provision of
the museum's services. For example, it would be unlawful to deny
admission to someone with Down's Syndrome because of that
person's disability.
Finally, the museum must provide auxiliary aids and services
where necessary for effective communication with persons with
disabilities, unless to do so would pose an undue burden on the
museum or would fundamentally alter its services. For example,
if any information in the museum is given aurally, the museum may
be required to provide a transcript of the information or a
qualified sign language interpreter to serve a deaf patron if
doing so would not be an undue burden. The cost of providing
such aids and services and the resources of the covered entity
are among the factors to consider in determining whether
providing services and aids would be an undue burden.
I hope this information is useful to you.
Sincerely,
John L. Wodatch
Chief
Public Access Section